§943. Tax lien mortgage; redemption; discharge; foreclosure

The filing of the tax lien certificate in the registry of deeds shall create a tax
lien mortgage on said real estate to the municipality in which the real estate is
situated having priority over all other mortgages, liens, attachments and encumbrances
of any nature, and shall give to said municipality all the rights usually incident
to a mortgagee, except that the municipality shall not have any right of possession
of said real estate until the right of redemption shall have expired.

The filing of the tax lien certificate in the registry of deeds shall be sufficient
notice of the existence of the tax lien mortgage.

In the event that the tax, interest and costs underlying the tax lien are paid within the period of redemption, the municipal treasurer or assignee of record
shall prepare and record a discharge of the tax lien mortgage in the same manner as
is now provided for the discharge of real estate mortgages, except that a facsimile signature of the treasurer or treasurer's assignee may be
used. [2011, c. 104, §1 (AMD).]

If the tax lien mortgage, together with interest and costs, shall not be paid within
18 months after the date of the filing of the tax lien certificate in the registry
of deeds, the said tax lien mortgage shall be deemed to have been foreclosed and the
right of redemption to have expired.

The municipal treasurer shall notify the party named on the tax lien mortgage and
each record holder of a mortgage on the real estate not more than 45 days nor less
than 30 days before the foreclosing date of the tax lien mortgage, in a writing signed
by the treasurer or bearing the treasurer's facsimile signature and left at the holder's
last and usual place of abode or sent by certified mail, return receipt requested,
to the holder's last known address of the impending automatic foreclosure and indicating
the exact date of foreclosure. For sending this notice, the municipality is entitled
to receive $3 plus all certified mail, return receipt requested, fees. These costs
must be added to and become a part of the tax. If notice is not given in the time
period specified in this section to the party named on the tax lien mortgage or to
any record holder of a mortgage, the person not receiving timely notice may redeem
the tax lien mortgage until 30 days after the treasurer does provide notice in the
manner specified in this section. [1993, c. 422, §7 (AMD).]

Beginning with taxes that are assessed after April 1, 1985, the notice of impending
automatic foreclosure must be substantially in the following form:

STATE OF MAINE

NOTICE OF IMPENDING AUTOMATIC FORECLOSURE

Title 36, M.R.S.A. Section 943

IMPORTANT: DO NOT DISREGARD

THIS NOTICE. YOU WILL LOSE

YOUR PROPERTY UNLESS YOU PAY

YOUR 20 PROPERTY TAXES,

INTEREST AND COSTS.

TO:

You are the party named on a tax lien certificate filed on , 20 , and recorded in Book , Page in the County Registry of Deeds. This
filing has created a tax lien mortgage on the real estate described therein.

On , 20 , the tax lien mortgage will be foreclosed and your right to recover your property
by paying the taxes, interest and costs that are owed will expire.

IF THE TAX LIEN FORECLOSES,

THE MUNICIPALITY WILL OWN

YOUR PROPERTY.

If you cannot pay the property taxes you owe please contact me to discuss this notice.

Municipal Treasurer

[2017, c. 288, Pt. A, §41 (AMD).]

After the expiration of the 18-month period for redemption, the mortgagee of record
of said real estate or his assignee and the owner of record if the said real estate
has not been assessed to him or the person claiming under him shall, in the event
the notice provided for said mortgagee and said owner has not been given as provided
in section 942, have the right to redeem the said real estate within 3 months after
receiving actual knowledge of the recording of the tax lien certificate by payment
or tender of the amount of the tax lien mortgage, together with interest and costs,
and the tax lien mortgage shall then be discharged by the owner thereof in the manner
provided.

The tax lien mortgage shall be prima facie evidence in all courts in all proceedings
by and against the municipality, its successors and assigns, of the truth of the statements
therein and after the period of redemption has expired, of the title of the municipality
to the real estate therein described, and of the regularity and validity of all proceedings
with reference to the acquisition of title by such tax lien mortgage and the foreclosure
thereof.

Whenever the person against whom the tax is assessed shall have died after the tax
has been committed and prior to the expiration of the 18-months period of foreclosure
and such person shall have left a will offered for probate, the probate judge of the
county wherein said will is offered upon petition of any devisee of the real estate
on which said tax is unpaid may grant a period of redemption not to exceed 60 days
following the final allowance or disallowance of said will. Notice of said petition
shall be given to the tax collector of the town wherein said property is located and
a certified copy of the court order shall be filed in the registry of deeds of the
county wherein the property is located.

A discharge of a municipal tax lien mortgage given after the right of redemption has
expired, which discharge has been recorded in the Registry of Deeds for more than
one year, terminates all title of the municipality derived from such tax lien mortgage
or any other recorded tax lien mortgage for which the right of redemption expired
10 years or more prior to the foreclosure date of this discharged lien, unless the
municipality has conveyed any interest based upon the title acquired from any of the
affected liens. This paragraph applies to discharges of municipal tax lien mortgages
given after October 1, 1935. [1991, c. 245, §1 (AMD); 1991, c. 245, §2 (AFF).]

When a municipality conveys the premises back to the former record titleholder or
to a successor of that holder who obtained title before the foreclosure for a consideration
of the taxes and costs due, the rights of the other parties claiming an interest of
record in the premises at the time of foreclosure, including mortgagees, lien creditors
or other secured parties, are revived as if the tax lien mortgage had not been foreclosed. [1993, c. 373, §4 (NEW).]